“While gender-based violence occurs in all societies irrespective of the level of development or cultural setting, whether in conflict or peacetime, the challenges for legal responses to gender-based violence are particularly acute in Asia. This book addresses the lack of academic discourse on gender-based violence in Asia beyond domestic violence, by demonstrating that gendered violence exists within many different contexts and is perpetuated by multiple actors.

Bringing together scholars, legal practitioners and human rights advocates, the book examines the intersections between gender, violence and the state in Asian contexts. It considers the role of state institutions in perpetuating and preventing violence based on gender and identity, and thus contributes to growing scholarship around due diligence standards under international law. Analyzing both physical and structural gender-based violence, it scrutinizes how such violence exists within a landscape shaped by distinct cultural norms, laws and policies, and grapples with how to practically translate international human rights standards about state responsibility into these complex domestic environments. Contributors from diverse backgrounds draw on case studies and empirical research to ground this academic scholarship in lived experiences of individuals and their communities in Asia.

By bridging the divide between policy, laws and practice to offer a unique insight into both theoretical and practical responses to how gender-based violence is understood within communities and state institutions in Asian countries, this book will appeal to students and scholars of Asian studies, Gender Studies and Law”

“The Universal Declaration of Human Rights, adopted while the world remained deeply shocked by the atrocities committed during the Second World War, was an inspirational creation. … It is hard to conceive of this document being adopted today. Like most other nations, New Zealand has succumbed to a kind of world-weary acceptance that full enjoyment of universal human rights remains a distant dream. Preface, Dame Silvia Cartwright, PCNZM, DBE, QSO

New Zealand is proud of its human rights record with good reason. It was the first country in the world to give women the vote and it played a prominent part in the establishment of the United Nations and the Universal Declaration of Human Rights. New Zealand recently took a leading role in the creation of the world’s newest human rights treaty, the Convention on the Rights of Persons with Disabilities. But just how good are things in practice? Are our governments living up to the promises they make when they ratify human rights treaties?

Human Rights in New Zealand is a comprehensive survey of the seven major international human rights treaties which New Zealand has signed and ratified, as well as the Universal Periodic Review. Based on four years of research, undertaken with the support of the New Zealand Law Foundation, this book concludes that significant faultlines are emerging in the human rights landscape. It sets out an agenda for change with recommendations for practical action.”

“The UK population is ageing rapidly. While age discrimination laws are seen as having broad potential to address the ‘ageing challenge’ and achieve instrumental and intrinsic objectives in the context of employment, it is unclear what impact they are having in practice. This monograph addresses two overarching research questions in the employment field: How are UK age discrimination laws operating in practice? How (if at all) could UK age discrimination laws be improved? A reflexive law theoretical standpoint is employed to investigate these issues, applying a mixed methods research design that engages qualitative, quantitative, doctrinal and comparative elements. This book demonstrates the substantial limitations of the Equality Act 2010 (UK) for achieving instrumental and intrinsic objectives. Drawing on qualitative expert interviews, statistical analysis and organisational case studies, it illustrates the failure of age discrimination laws to achieve attitudinal change in the UK, and reveals the limited prevalence of proactive measures to support older workers. Integrating doctrinal analysis, comparative analysis of Finnish law, and the Delphi method, it proposes targeted legal and policy changes to address demographic change, and offers an agenda for reform that may increase the impact of age discrimination laws, and enable them to respond effectively to demographic ageing.

Runner up of the 2017 SLS Peter Birks Prize for Outstanding Legal Scholarship!”

The global race for skilled immigrants seeks to attract the best global workers. In the pursuit of these individuals, governments may incidentally discriminate on gender grounds. Existing gendered differences in the global labour market related to life course trajectories, pay gaps and gendered divisions in occupational specialisation are also present in skilled immigration selection policies. Presenting the first book-length account of the global race for talent from a gender perspective, Gender, migration and the global race for talent will be read by graduate students, researchers, policy-makers and practitioners in the fields of immigration studies, political science, public policy, sociology and gender studies, and Australian and Canadian studies.

“Socio-economic rights raise many complex challenges to the traditional understanding of the nature of human rights, the role of courts in democratic society and the nature of remedies.

This collection draws together the sophisticated and constructive solutions developed by the foremost thinkers to fully recognise socio-economic rights, demonstrating how traditional concepts and obstacles can be re-characterised and modified to ensure respect for the indivisibility of human rights.

This important collection provides crucial insights into the emerging and perennial challenges to socio-economic rights. Including an original introduction, it is an ideal resource for those new to the study of socio-economic rights, academics, policy makers and all those interested in using human rights to achieve social justice.”

This book arose from an inaugural conference on Migration Law and Policy at the ANU College of Law. The conference brought together academics and practitioners from a diverse range of disciplines and practice. The book is based on a selection of the papers and presentations given during that conference. Each explores the unexpected, unwanted and sometimes tragic outcomes of migration law and policy, identifying ambiguities, uncertainties, and omissions affecting both temporary and permanent migrants. Together, the papers present a myriad of perspectives, providing a sense of urgency that focuses on the immediate and political consequences of an Australian migration milieu created without due consideration and exposing the daily reality under the migration program for individuals and for society as a whole.

Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it? One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.

This volume shows how and why legal empowerment is important for those exercising their religious rights under various jurisdictions, in conditions of legal pluralism. At the same time, it also questions the thesis that as societies become more modern, they also become less religious.The authors look beyond the rule of law orthodoxy in their consideration of the freedom of religion as a human right and place this discussion in a more plurality-sensitive context. The book sheds more light on the informal and/or customary mechanisms that explain the limited impact of law on individuals and groups, especially in non-Western societies. The focus is on discussing how religion and the exercise of religious rights may or may not empower individuals and social groups and improve access to human rights in general.This book is important reading for academics and practitioners of law and religion, religious rights, religious diversity and cultural difference, as well as NGOs, policy makers, lawyers and advocates at multicultural jurisdictions. It offers a contemporary take on comparative legal studies, with a distinct focus on religion as an identity marker.

About: Equality and Discrimination Law in Australia: An Introduction adopts a groundbreaking approach in its delivery of equality and discrimination law principles. It analyses equality as a goal of the law, and acknowledges that to prevent discrimination modern laws must challenge the beliefs, practices, systems and structures that enable it.

The right to social security, found in international law and in the constitutions of many nations, contributes to the alleviation of poverty globally. Social security and its articulation as a human right have received increased attention in recent years both in response to austerity cuts to welfare in developed countries and as a means of lifting millions out of poverty in developing countries. Women, disproportionately affected by poverty in all parts of the world, stand to gain from a right to social security that takes cognisance of gender discrimination and disadvantage.
This book interprets and redefines the right to social security from a gender perspective. Drawing on feminist theory, the book formulates a conceptual approach and a set of principles for a substantively equal, gendered right to social security. In so doing, it challenges the relationship between the right to social security and traditional conceptions of work that exclude women’s labour including their caring roles. It argues that the right must have application at the transnational level if it is to address the changing nature of women’s work due to globalisation.
The book applies the framework and principles it develops to a study of international law focusing on the work of key United Nations human rights bodies. It also demonstrates the value of this framework in its analysis of three countries’ social security programmes – South Africa, Australia and India. In combining feminist thought on the nature of work and care with equality theories in developing the right to social security from a gender perspective this book expands the capacity of the right to advance gender equality and address gendered poverty.

This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of ‘discrimination grounds’ in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds – race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality. The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.

“Sex Equality, third edition, comprehensively updates and analyzes the legal doctrine and social concept of sex equality in theoretical, comparative, international, historical, and social scientific context.

Together with the relative situation of women and men, detailed attention is given throughout to racism, the treatment of Native peoples, economic class, sexual orientation, and transgender status. Centered on U.S. legal cases, the book maps and interrogates the traditional approach to sex discrimination based on sameness and difference and develops a theory of substantive equality based on hierarchy as well. Materials on race, work, education, athletics, and pregnancy are included. An updated chapter on burdens of proof equips the litigator with basic technical tools in critical perspective.

Expanding sex equality concepts, including arguments gaining increasing recognition, the law of the family, rape, sexual harassment in work and education, gay and lesbian rights, reproductive issues including abortion and surrogacy, prostitution, and pornography are thoroughly explored in light of contemporary cultural, legal, and transnational developments and controversies. This volume provides detailed information on inequality between the sexes, an expert grasp of the legal and conceptual tools of sex equality in its manifold dimensions, and visions of future possibilities.

This stimulating, flexible, up-to-the-minute treatment of a rapidly expanding and changing area―one of the most frequently litigated―provides an accessible basis for courses in law schools and undergraduate colleges by a widely recognized leading expert in the field.”

Offering a critical, cross-disciplinary investigation into processes of negotiating religion and religious diversity, the contributors present new insights on the meaning and substance of negotiation itself. This volume draws on diverse historical, sociological, geographic, legal and political theoretical approaches to take a close look at the religious and political agents involved in such processes as well as the political, social and cultural context in which they take place. Its focus on the European experiences that have shaped not only the history of ‘negotiating religion’ in this region but also around the world, provides new perspectives for critical inquiries into the way in which contemporary societies engage with religion.

This edited collection takes a multi-disciplinary approach to the ‘Active Ageing’ agenda to enable readers to consider the implications of this phenomenon for the law, the workplace, and for working lives from a holistic perspective. Challenges of Active Ageing brings together academics working throughout Europe from different disciplines including law, industrial relations, human resource management and occupational psychology to explore and debate the challenges of the ‘Active Ageing’ agenda for equality law and management practice. Also including shorter contributions from law, human resource management, trade union and other practitioners, this book aims to fully reflect how organizations can adjust their practices to respond to the challenge of an aging population and extended working lives.

“A free ebook version of this title is available through Luminos, University of California Press’s new open access publishing program for monographs. Visit www.luminosoa.org to learn more.

Do the United States and France, both post-industrial democracies, differ in their views and laws concerning discrimination? Marie Mercat-Bruns, a Franco-American scholar, examines the differences in how the two countries approach discrimination. Bringing together prominent legal scholars—including Robert Post, Linda Krieger, Martha Minow, Reva Siegel, Susan Sturm, Richard Ford, and others—Mercat-Bruns demonstrates how the two nations have adopted divergent strategies. The United States continues, with mixed success at “colorblind” policies, to deal with issues of diversity in university enrollment, class action sex-discrimination lawsuits, and rampant police violence against African American men and women. In France, the country has banned the full-face veil while making efforts to present itself as a secular republic. Young men and women whose parents and grandparents came from sub-Sahara and North Africa are stuck coping with a society that fails to take into account the barriers to employment and education they face.

Discrimination at Work provides an incisive comparative analysis of how the nature of discrimination in both countries has changed, now often hidden, or steeped in deep unconscious bias. While it is rare for employers in both countries to openly discriminate, deep systemic discrimination exists, rooted in structural and environmental causes and the ways each state has dealt with difference in general. Invigorating and incisive, the book examines hot-button issues such as sexual harassment; race, religious and gender discrimination; and equality for LGBT individuals, thereby delivering comparisons meant to further social equality and fundamental human rights across borders.”

“This first-of-its kind volume spans the breadth of disability research and practice specifically focusing on the global South. Established and emerging scholars alongside advocates adopt a critical and interdisciplinary stance to probe, challenge and shift common held social understandings of disability in established discourses, epistemologies and practices, including those in prominent areas such as global health, disability studies and international development. Motivated by decolonizing approaches, contributors carefully weave the lived and embodied experiences of disabled people, families and communities through contextual, cultural, spatial, racial, economic, identity and geopolitical complexities and heterogeneities.

Dispatches from Ghana, Lebanon, Sri Lanka, Cambodia, Venezuela among many others spotlight the complex uncertainties of modern geopolitics of coloniality; emergent forms of governance including neoliberal globalization, war and conflicts; the interstices of gender, race, ethnicity, space and religion; structural barriers to redistribution and realization of rights; and processes of disability representation. This handbook examines in rigorous depth, established practices and discourses in disability including those on development, rights, policies and practices, opening a space for critical debate on hegemonic and often unquestioned terrains.”

This monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an ‘anti-stigma principle’, promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.

“This book considers the extent to which religious interests are protected at work, with particular reference to the protection against religious discrimination provided by the Equality Act 2010. It establishes a principled basis for determining the proper scope of religious freedom at work, and considers the interaction of freedom of religion with the right not to be discriminated against on grounds of religion and belief.

The book locates the debates surrounding religion and belief equality within a philosophical and theoretical framework in which the importance of freedom of religion and its role within the workplace are fully debated.

This second edition is fully revised and updated in the light of recent case law from the UK and the European Court of Human Rights, which deals with religious discrimination and freedom of religion.”

“We’ve heard plenty from politicians and experts on affirmative action and higher education, about how universities should intervene—if at all—to ensure a diverse but deserving student population. But what about those for whom these issues matter the most? In this book, Natasha K. Warikoo deeply explores how students themselves think about merit and race at a uniquely pivotal moment: after they have just won the most competitive game of their lives and gained admittance to one of the world’s top universities.

What Warikoo uncovers—talking with both white students and students of color at Harvard, Brown, and Oxford—is absolutely illuminating; and some of it is positively shocking. As she shows, many elite white students understand the value of diversity abstractly, but they ignore the real problems that racial inequality causes and that diversity programs are meant to solve. They stand in fear of being labeled a racist, but they are quick to call foul should a diversity program appear at all to hamper their own chances for advancement. The most troubling result of this ambivalence is what she calls the “diversity bargain,” in which white students reluctantly agree with affirmative action as long as it benefits them by providing a diverse learning environment—racial diversity, in this way, is a commodity, a selling point on a brochure. And as Warikoo shows, universities play a big part in creating these situations. The way they talk about race on campus and the kinds of diversity programs they offer have a huge impact on student attitudes, shaping them either toward ambivalence or, in better cases, toward more productive and considerate understandings of racial difference.

Ultimately, this book demonstrates just how slippery the notions of race, merit, and privilege can be. In doing so, it asks important questions not just about college admissions but what the elite students who have succeeded at it—who will be the world’s future leaders—will do with the social inequalities of the wider world. “

The conspicuous absence of private international law from the current global governance debate may be traced in part to its traditional ‘public law taboo’, fed by liberal understandings of statehood and its characteristic public/private divide, in the context of the modern schism between the public and private branches of international law. Alongside an original introduction, the materials assembled in this important collection are of immediate interest to both public and private international lawyers, and more broadly to all those interested in new forms of global governance and the theory of law beyond the state.
45 articles, dating from 1927 to 2014

“Speak Now tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen.

In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial–an oasis of rationality in what is often a decidedly uncivil debate. Above all, this book is a work of deep humanity, in which Yoshino brings abstract legal arguments to life by sharing his own story of finding love, marrying, and having children as a gay man.

Intellectually rigorous and profoundly compassionate, Speak Now is the definitive account of a landmark civil-rights trial.”